If Trump Wins, Whither Lawfare?

What happens to the cases against Trump if he retakes the White House?

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Republican presidential nominee and former president Donald Trump attends a campaign event sponsored by conservative group Turning Point Action, in Las Vegas, Nev., October 24, 2024.

Ronda Churchill/Reuters

Author’s Note: This is part one of a three-part series in which we try playing out what happens to lawfare — the criminal and civil cases against former president Donald Trump brought by the Biden-Harris Justice Department and state Democratic prosecutors, as well as other legal gambits by which Democrats may continue trying to forestall or derail a Trump presidency — in the event that Trump is elected president in November. Here are parts two and three.

To hear the Wall Street Journal’s pollsters tell it, Donald Trump has moved ahead of Kamala Harris by two points. That seems like a lot, especially given that Trump has a history of under-polling and that, given the Democrats’ overwhelming advantages in California and New York, almost all rational discussions of potential Trump victories in 2016, 2020, and — for a time — 2024 assumed the need to win by Electoral College math without a popular majority.

Andrew C. McCarthy

About the Author

Andrew C. McCarthy

Andrew C. McCarthy is a senior fellow at National Review Institute, an NR contributing editor, and author of Ball of Collusion: The Plot to Rig an Election and Destroy a Presidency.

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